Sexual Harassment Prevention: What QLD Employers Need to Know After March 2025
The workplace safety landscape in Queensland underwent a significant transformation on 01 March 2025, when new sexual harassment prevention requirements came into effect. This regulatory milestone marked a crucial shift in how businesses must approach sexual harassment prevention — moving from reactive complaint handling to proactive risk management.
As a human resources consultant supporting Australian small businesses, I've observed varying levels of readiness across organisations. Some have seamlessly integrated these requirements into existing processes, while others continue to navigate implementation challenges.
This article explores the new compliance framework and offers practical guidance for businesses still working toward full alignment.
Contents
A Positive Duty: A fundamental Shift in Approach
Understanding the New Legal Framework
Four Pillars of Effective Risk Management
Building Effective Prevention Systems: Essential Components
Implementation Assistance Resources
The Organisational Cost of Non-Compliance
Achieving Compliance: Strategic Implementation
A Positive Duty: A fundamental Shift in Approach
The current regulatory landscape establishes a "positive duty" requiring employers to take reasonable and proportionate measures to eliminate sexual harassment and victimisation. This represents an evolution from reactive complaint management to proactive prevention.
The Fair Work Act defines sexual harassment as:
An unwelcome sexual advance
An unwelcome request for sexual favours
Other unwelcome conduct of a sexual nature in relation to another person
Under the Sex Discrimination Act 1984, employers may be found vicariously liable for harassment if they fail to implement appropriate preventive measures. Additionally, sexual harassment constitutes valid grounds for dismissal, creating multiple imperatives for comprehensive organizational policies.
Understanding the New Legal Framework
The March 2025 requirements formalised sexual harassment and sex/gender-based harassment as recognised workplace hazards under Queensland's Work Health and Safety Regulation 2011. This reclassification acknowledges these behaviours as legitimate safety risks capable of causing psychological and physical harm.
The regulations require Queensland employers to:
Maintain a comprehensive written prevention plan addressing identified sexual harassment risks
Implement proactive prevention measures rather than relying solely on complaint processes
Integrate prevention frameworks into broader risk management systems
Establish regular review mechanisms to ensure continuous improvement
For businesses still working toward compliance, understanding these core requirements is the essential first step toward effective implementation.
Four Pillars of Effective Risk Management
The regulatory framework centres on a structured approach to harassment prevention:
1. Hazard Identification
Systematically map potential harassment risks within your specific workplace context. Consider power dynamics, physical workspace configurations, customer-facing roles, and cultural patterns that might enable inappropriate behaviour.
2. Risk Assessment
Evaluate both probability and potential severity across different organisational contexts. This assessment should account for industry-specific factors, workforce composition, historical incidents, and vulnerability points within your operations.
3. Risk Control Implementation
Deploy targeted measures to eliminate or minimise identified risks:
Develop clear, accessible policies and procedures
Conduct meaningful, scenario-based staff training
Create secure, multi-channel reporting pathways
Ensure leadership actively models appropriate behaviours
4. Systematic Review Process
Prevention requires ongoing vigilance. Establish structured evaluation processes to assess control effectiveness and adapt approaches as organisational needs evolve.
Building Effective Prevention Systems: Essential Components
A robust sexual harassment prevention framework addresses four interconnected dimensions:
Knowledge Infrastructure
Equip leadership teams with capabilities to identify and address problematic behaviours
Establish consistent communication regarding behavioural expectations
Develop accessible, relevant training resources for all personnel
Process Architecture
Design clear, inclusive processes with appropriate accountability mechanisms
Provide specialised training for managers responsible for implementation
Create transparent complaint handling systems clearly outlining:
Designated contact personnel and escalation pathways
Investigation methodology and expected timelines
Confidentiality safeguards and breach consequences
Potential resolution outcomes
Communication protocols during active investigations
Available support resources
Support Ecosystem
Implement comprehensive support systems for all involved parties
Ensure Employee Assistance Programs provide appropriate specialised counselling
Cultural Framework
Implement equitable recruitment processes
Develop inclusive work arrangements through collaborative approaches
Address structural inequities through transparent remuneration practices
Establish clear guidelines for workplace relationships to prevent power imbalances
Implementation Assistance Resources
Organisations still working toward compliance can access specialised resources on WorkSafe QLD, including:
Comprehensive guidance materials defining and contextualising harassment
Customisable prevention plan templates
Implementation examples from various organisational contexts
Practical FAQ documentation
Internal communication frameworks
The Organisational Cost of Non-Compliance
Beyond regulatory penalties, inadequate prevention carries significant organisational costs:
Deterioration of workplace culture and collective wellbeing
Increased turnover of high-performing talent
Erosion of team cohesion and interpersonal trust
Reputational damage
Significant legal and financial exposure
Specialised Support for Implementation
As a human resources consultant focused on Australian small businesses, I offer tailored guidance to navigate these requirements, regardless of your current implementation stage. Whether you're refining an existing framework or beginning implementation after the deadline, Iter HR provides practical, context-specific support to enhance your prevention ecosystem.